Dependency Forms: What You Need to Do
Step 1: Choose the Right Form
If both parents agree to the custody change → Fill out the Dependency By Agreement Petition.
If one parent does not agree → Fill out the Contested Dependency Petition.
Step 2: Fill Out the Forms
Click the links below to complete the correct form:
📄 Contested Dependency Petition:
📄 Dependency by Agreement:
Step 3: Watch the appropriate Video Before Submitting Your Forms
Step 4: Let Us Know When You’re Done
📲 Text 256-399-9466 once you have completed the forms. This helps us start drafting your petition faster.
Legal Information About Dependency Cases
What is a Dependency Petition?
A Dependency Petition is a legal request asking the court to determine that a child is dependent, meaning they are without proper care or supervision and should be placed in the custody of someone other than their current parent or guardian.
✔ The ONLY way to give custody to someone other than a parent in Alabama is through a dependency case.
✔ A family court judge decides if a child is dependent based on the best interests of the child.
✔ This process is often used when a grandparent, relative, or another responsible adult seeks custody.
When is a Child Considered "Dependent"?
Under Ala. Code § 12-15-102(8), a child is considered dependent if:
They lack a proper parent or guardian to provide for their needs.
Their current home situation is unsafe or unsuitable due to abuse, neglect, or drug use.
Their parents are unable or unwilling to provide proper care.
They are in immediate danger due to their living conditions.
If the court finds the child to be dependent, the judge may give custody to a relative, guardian, or even DHR (Department of Human Resources) in extreme cases.
Guardian ad Litem: What You Need to Know
In every dependency case, the court will appoint a Guardian ad Litem (GAL) to represent the best interests of the child.
What is a Guardian ad Litem?
✔ A Guardian ad Litem (GAL) is a court-appointed attorney whose job is to investigate the child’s situation and make recommendations to the judge about what is best for the child.
✔ The GAL does not work for either parent—they work only for the child’s best interests.
✔ The GAL may:
Visit the child’s home.
Talk to family members, teachers, and doctors.
Review documents like school records, medical reports, and police reports.
Make a recommendation to the judge about who should have custody.
Because the GAL is a neutral party, their recommendation carries significant weight in the court’s decision.
What Happens After Filing a Dependency Petition?
1️⃣ Filing & Guardian ad Litem Appointment
You file your petition with the court.
The judge appoints a Guardian ad Litem to investigate.
2️⃣ Court Review & Evidence Gathering
The court will review the petition and may ask for more information.
You may need to provide witness testimony, documents, or other proof.
3️⃣ Court Hearing
The judge will hold a hearing where you, the parents, and the Guardian ad Litem can present your case.
The judge decides whether the child is dependent and who should have custody.
Why You Need to File for Dependency (Not Custody Modification)
In Alabama, you cannot give custody to someone other than a parent through a regular custody case.
✔ If you want a grandparent, aunt, uncle, or another adult to have custody, you must file a Dependency Petition.
✔ Even if both parents agree to the custody change, the court must find the child to be dependent before granting custody to a non-parent.
This rule is based on the idea that parents have a constitutional right to raise their children. The court will not take that right away unless there is clear and convincing evidence that the child cannot safely stay with either parent.
📞 Have Questions? Call or text 256-399-9466 if you need help.
